Divorce
Divorce involves major issues which may affect your future greatly, so it is essential to seek expert legal assistance in settling the terms of any divorce. In California, you may have a contested divorce or an uncontested divorce… Read More
Legal Separation
The dissolution of a marriage or domestic partnership can be difficult, but there may be situations in which a legal separation rather than a divorce may be an appropriate solution. Legal separation is sometimes a solution for… Read More
Domestic Partnership Termination
If you are currently in a domestic partnership and wish to terminate your partnership, we can help. Since a domestic partnership is a recognized legal union in California, the partnership must be legally dissolved. Therefore, property… Read More
Annulments
An annulment, also known as “nullity of marriage” or “nullity of domestic partnership,” is a judgment from the Court that states your marriage or domestic partnership is not legally valid. A marriage or domestic partnership that… Read More
Child Custody & Visitation
Determining custody can be one of the more emotionally taxing issues in a family law case. Custody is an issue in divorces, termination of domestic partnerships, legal separations,annulments, parentage/paternity actions and… Read More
Child Support
Every child is entitled and deserves to receive financial support from his or her parents. Child support may be ordered when the mother and father are getting a divorce, legal separation or seeking an annulment. Child support… Read More
Grandparent Custody & Visitation Rights
Grandparents are frequently overlooked when a divorce occurs. Parents are often so worried about their time with their children and terms of the divorce agreement, that grandparents are often a forgotten party. Sometimes the parents… Read More
Spousal Support/Alimony
Spousal support, also known as alimony, may be an issue in a divorce, legal separation or termination of domestic partnership. The goal of spousal support is to ensure that the non-earning or lower earning spouse has adequate… Read More
Division of Property
Marriage is a strong economic institution. During a divorce, it is essential to consult an experienced divorce lawyer as soon as possible to begin the process of dividing the property, assets, and debts… Read More
Domestic Violence/Restraining Orders
If you are a victim of domestic violence or have been accused of domestic violence, we can help. Victims of domestic violence may be issued a restraining order for their protection. Domestic violence can take many forms… Read More
Prenuptial & Postmarital Agreements
At the Law Office of Nicole L. Aeschleman, we will help couples customize a prenuptial or postnuptial agreement that fits your needs. A prenuptial agreement, also known as a premarital agreement, is an agreement drafted between… Read More
Post-judgment Motions
Life does not stand still after a divorce. Circumstances change, incomes rise or fall, people move or suffer illnesses. Many things can happen that were not anticipated at the time the divorce was finalized that make the terms impractical… Read More
Paternity Actions-Unmarried Parents
The issue of paternity is one that arises when a child is born to unmarried parents. Establishing paternity is critical to determining the biological father’s rights and obligations to his child under California law. However, the process… Read More
Marital Settlement Agreements
Marital settlement agreements are often a preferred method for couples to resolve their issues in a dissolution of marriage or termination of domestic partnership. Martial settlement agreements allow parties to customize an agreement… Read More
Modification Motions
The Court understands that a person’s circumstances may change after an order or judgment has been issued, and the Court provides a possible remedy for these changes through the modification process. At the Law Office of Nicole… Read More
Hidden/Missing Assets
There are two legal mandates that guide the division of assets. First, California is a community property state. As such, the initial presumption is that all assets acquired during marriage are divided 50/50. In reality, not all assets… Read More
International Divorce
California is home to a diverse population composed of many people who have close ties or citizenship in another country. California corporations do business abroad and send their employees to other countries… Read More
Addiction
Drug addiction is fairly common in our society and the addiction of a parent in a divorce proceeding is a serious matter. There are obvious and strong reasons to believe that an addicted parent is a poor candidate to be given… Read More
Child Custody: Interplay with Child Support
If you are going through a divorce or are an unmarried parent, obtaining adequate child support can be difficult and is affected by the amount of time the child spends with each parent and other considerations. This support… Read More
Domestic Violence
Domestic violence can be a complicating factor in divorce and child custody matters. If you are seeking a divorce and have been the victim of domestic violence, you need to let your attorney know what has been happening and… Read More
International Child Custody Cases
International child custody disputes are a specialized area of child custody law. Many lawyers are inexperienced in international cases, and many judges are unfamiliar with the international law that applies in these… Read More
Mediation, Evaluation and Screenings
When a situation arises where parents are at odds about the suitability of the custody and visitation order that is in place, the court offers mediation, emergency screening and evaluation services to assist in resolving the issues… Read More
Move-Away Cases
We are becoming a mobile society. Moving to another city, state, or country is not an unusual occurrence, and divorced parents often find themselves faced with an opportunity or need to move to move away from where the non-custodial… Read More
Supervised Visitation, Supervised Exchange and Emergency Custody
Divorce can be a grueling and emotionally harrowing passage, and children often become the innocent victims of parental hostilities as a family falls apart. It is important, however, that the children of a divorcing couple are able… Read More
Breach of Fiduciary Duty
When you enter into a marriage, you are also entering into a financial relationship that comes with certain duties. As partners in a marriage, you and your spouse have fiduciary duties to each other to protect and preserve marital… Read More
Concealed Assets and Transferring Funds without the Spouse’s Knowledge
When the spouse with the greater control of marital assets has enough advance notice of a divorce, it is not uncommon for that person to hide some of the assets in order to minimize the other spouse’s share. Cash, bonds… Read More
Recovery of Assets
A concern in many divorce situations is a spouse’s opportunity to hide assets. The more control the spouse has over the asset, the greater the opportunity to divert the asset. For instance, the spouse could easily move funds from… Read More
Penalties for Breach of Fiduciary Duty
When two people marry, they enter into a financial relationship in which each spouse owes a fiduciary duty to the other to protect and preserve the assets of the marriage and not to dispose of them without the consent of the other… Read More